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SEC. 23. For unnecessarily neglecting to appear 2 when ordered, as provided in the following section, 3 or for disobeying orders or advising any person to do 4 the like, every such soldier shall forfeit and pay fifty 5 dollars.

SEC. 24. Whenever there shall be, in any county, 2 any tumult, riot, mob, or any body of men acting to3 gether by force, with intent to commit any felony, or 4 to offer violence to persons or property, or by force 5 and violence to break and resist the laws of this 6 State, or any such tumult, riot or mob shall be threat7 ened, and the fact be made to appear to the Com8 mander in Chief, or the mayor of any city, or to any 9 court of record sitting in said county, or if no such 10 court be sitting therein, then to any justice of any 11 such court, or if no such justice be within the county, 12 then to the sheriff thereof, the Commander in Chief may issue his order, or such mayor, court, justice, or 14 sheriff may issue his precept directed to any com15 manding officer of any division, brigade, regiment, 16 battalion, or corps, to order his command, or any part 17 thereof, describing the kind and number of troops, to 18 appear at a time and place therein specified, to aid 19 the civil authority in suppressing such violence and 20 supporting the laws; which precept, if issued by a 21 court, shall be in substance as follows:






24 (L. S.) To



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Whereas it has been made to appear to our justices

26 of our

27 the county of


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that (here insert one or more 28 of the causes above mentioned,) in our county of and that military force is necessary to aid 30 the civil authority in suppressing the same; now 31 therefore, we command you that you cause (here 32 state the number and kind of troops required) armed, 33 equipped, and with ammunition, as the law directs, 34 and with proper officers, either attached to the troops 35 or detailed by you, to parade at, on

36 then and there to obey such orders as may be given 37 them, according to law. Hereof fail not, at your 38 peril, and have you there this precept with your 39 doings returned thereon.

40 Witness, L. S. Esquire, at 41 day of


in the year


on the

C. D., Clerk.

43 And if the same be issued by any mayor, justice, or 44 sheriff, it shall be under his hand and seal, and other45 wise varied to suit the circumstances of the case.

SEC. 25. The officer to whom the order of the 2 Commander in Chief, or such precept shall be 3 directed, shall forthwith order the troops therein 4 mentioned, to parade at the time and the place

5 appointed; and if he shall refuse or neglect to obey 6 such order or precept, or if any officer shall neglect 7 or refuse to obey an order issued in pursuance thereof, 8 he shall be cashiered, and be further punished by fine 9 or imprisonment, not to exceed six months, as a court 10 martial may sentence. And any non-commissioned 11 officer or soldier, who shall neglect or refuse to 12 appear at the place of parade to obey any order in 13 such case, or any person who shall advise or endeavor 14 to persuade any officer or soldier to refuse or neglect 15 to appear at such place, or to obey such order, shall 16 suffer the penalty provided in such case in the twenty 17 third section of this act.

SEC. 26. Such troops shall appear at the time and 2 place appointed, armed and equipped, and with 3 ammunition, as for inspection of arms, and shall obey 4 and execute such orders as they may then and there 5 receive, according to law.

SEC. 27. If any county shall neglect or refuse to 2 raise at large their quota of volunteers according to 3 the provisions of the tenth section of this act, the 4 Commander in Chief may grant petitions to citizens 5 of any other county to raise at large the prescribed 6 number of volunteers, as provided in this act.

SEC. 23. So much of the sixteenth chapter of the 2 revised statutes as is inconsistent with the provisions 3 of this act, is hereby repealed.



January 9, 1844.

ORDERED: That 300 copies of the foregoing Bill be printed for

the use of the Legislature.

WM. T. JOHNSON, Clerk.

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[WM. R. SMITH & Co....Printers to the State.]


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